is it legal to use a full length Beethoven song in a film if a person records their own copy of the song and gives you the rights?
Yes.
There is a difference, though, between you/friend recording your version of a Beethoven tune... and simply ripping a copy of the 1992 Los Angeles Philharmonic's recording of it.
While Beethoven's tunes are well into the public domain, that orchestral recording/interpretation by the LAP is their new creation. You are still welcome to try your own hand at it, mind you.
In a crappy short film I made last year, during a piano-playing scene I played some Mozart. Didn't sound as good as a professional recording, but it was legal.
or even whistle some 70' song or any others which are copyrighted, I would be charged?
Well... if the melody is recognisable, there is potential for problems.
The odds of getting busted? Hard to say. The more exposure the film gets, the more likely for problems. Having said
that... the odds of the film getting any exposure (via almost any legit medium) are virtually nil, if you can't document permission to use it.
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By the way... if you really
have to use a specific song, you can always just ask for free permission. You never know 'til you try.
My brother just did this a few weeks ago... he mailed a letter to Richard O'Brien, and received back a hand-written letter granting permission to use what was asked for, for all time.
There have been other people on the board here, who have written about having done the same thing, too. Some received a free pass for life, others received an X-years permission, others were granted the useage as long as it wasn't commercial, etc. Well... some got laughed at too... but the point is, you don't know 'til you try.
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If you can't get legit permission, here's a few options.
1) There are several places you can buy "generic" era-sounding royalty-free tracks from. Some are actually quite good.
2) SoundTracks has a cheap programme that lets you do that anytime. Dial in the duration you want, and it can generate (no vocals) pretty much anything you want. They are constantly expanding their collections, too. (Downside is paying the initial cost of the sound-files, for each theme)
3) Find a musician on the boards here that can do the job, and also create something original. There are more composers in the Classifieds section of the forum than you can shake a stick at.
Of course, these three options don't help with you needing a specific song to work as a punchline/gag the way you explain it... good options, though.
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